Charged only with resisting? The document must say arrested for what.
The bill requires that when a person is charged only with resisting arrest, the charging document must state the underlying offense the person was being arrested for. It touches prosecutors, defense lawyers, courts and anyone charged solely with resisting arrest under Section 38.03 of the Penal Code. Starting with charges filed on or after September 1, 2025, a stand-alone resisting arrest charge must name the reason for the arrest.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 1347 (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 1347 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Feb 18, 2025 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
relating to the charging instrument in the prosecution of the
offense of resisting arrest.
WHAT IT DOES
Charged only with resisting? The document must say arrested for what.
The bill requires that when a person is charged only with resisting arrest, the charging document must state the underlying offense the person was being arrested for. It touches prosecutors, defense lawyers, courts and anyone charged solely with resisting arrest under Section 38.03 of the Penal Code. Starting with charges filed on or after September 1, 2025, a stand-alone resisting arrest charge must name the reason for the arrest.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Crimes--Miscellaneous
Criminal Procedure--General
Text
The text as introduced · 198 words
89R11472 CJD-D
By: Dutton
H.B. No. 2934
A BILL TO BE ENTITLED
AN ACT
relating to the charging instrument in the prosecution of the
offense of resisting arrest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Code of Criminal Procedure, is
amended by adding Article 21.151 to read as follows:
Art. 21.151. RESISTING ARREST. The complaint, information,
or indictment in the prosecution of a criminal case in which the
sole allegation is that a person has resisted arrest under Section
38.03, Penal Code, must state the underlying offense for which the
person was resisting arrest.
SECTION 2. The change in law made by this Act applies only
to a criminal case in which the complaint, information, or
indictment is presented to the court on or after the effective date
of this Act. A criminal case in which the complaint, information, or
indictment was presented to the court before the effective date of
this Act is governed by the law in effect on the date the complaint,
information, or indictment was presented, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.